U.S. House of Representatives passes a bill threatening a ban of TikTok

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Alleged national security concerns led the U.S. House of Representatives to pass a bill threatening a ban of TikTok unless its China-based owner sells it.  

Key Players

ByteDance, a Chinese internet technology firm, is the parent company of TikTok, a video-sharing social networking app that has become extremely popular. TikTok has more than 170 million American users alone. 

Rep. Mike Gallagher (R-Wis.) and Rep. Raja Krishnamoorthi (D-Ill.) introduced the “Protecting Americans from Foreign Adversary Controlled Applications Act,” which “prohibits distributing, maintaining, or providing internet hosting services for a foreign adversary controlled application (e.g., TikTok).”

Further Details

In recent years, government officials have expressed concern that ByteDance would share user information with the Communist Party-controlled Chinese government or use the app to spread propaganda. 

As of 2023, the FBI and Federal Communications Commission warned that ByteDance could divulge user information, including browsing history, location, and biometric information, to the Chinese government. A 2017 Chinese law requires companies to give the government any personal data that may be relevant to national security. 

While the U.S. government has provided no evidence that TikTok has given information to the Chinese government, individuals have expressed concern over how much information the app collects. TikTok insists that it has not shared American user data with the Chinese government and would not do so if asked, but it is widely disbelieved in the U.S. Congress. 

In late 2022, President Joe Biden signed into law a bill that required U.S. government employees of federal agencies to remove TikTok from all government-issued mobile phones. This bill contained limited exceptions for specific purposes: law enforcement, national security, and security research. But despite national security concerns, in February of 2024, Biden’s reelection campaign team launched an official TikTok account, independent and distinct from the White House.

In March 2023, the Committee on Foreign Investment in the United States, which is part of the Department of the Treasury, threatened to ban TikTok unless its Chinese owners sold their stake. Subsequently, China’s Foreign Ministry accused the U.S. government of spreading falsehoods regarding TikTok’s possible security threats. 

Notably, British officials also banned TikTok from government phones because of security concerns, following a similar ban by the European Union’s executive branch. In response, Theo Bertram, TikTok’s vice president of policy in Europe, tweeted that ByteDance was “not a Chinese company,” and that it is 60% owned by global investors, 20% employees, and 20% founders. 

In June 2023, Yintao Yu, the former head of engineering of ByteDance in the United States, alleged that members of the Chinese Communist Party (CCP) obtained data that was stored by the company to identify and find protesters in Hong Kong. He also stated that the Chinese government had access to American user data, which ByteDance subsequently denied. ByteDance called the accusations “baseless.” 

“We plan to vigorously oppose what we believe are baseless claims and allegations in this complaint,” ByteDance said. 

These concerns have not ceased. Lawmakers argue that ByteDance is under the control of the Chinese government, and that the Beijing government could demand access to American user data. TikTok has repeatedly denied that it may be used as a governmental tool and has pointed to the lack of concrete evidence. 

House passes bill

On March 13, 2024, the House passed the Protecting Americans from Foreign Adversary Controlled Applications Act, which gained bipartisan support and was approved by a vote of 352-65. Specifically, 197 Republicans voted for the bill and 15 against it, while 155 Democrats supported the bill and 50 were against it. 

The bill gives ByteDance two options, namely to sell TikTok or face a nationwide ban of the app in the United States. If ByteDance sells its stake, TikTok would operate in the United States if the president, “through an inter-agency process,” concludes that the app is “no longer being controlled by a foreign adversary.” If the company refuses to sell, TikTok would be banned from app stores and web-hosting services until the company complies. Furthermore, the bill requires ByteDance to relinquish control of TikTok’s algorithm, which feeds users content based on their preferences. 

Rep. Cathy McMorris Rodgers (R-Wash), said, “We have given TikTok a clear choice. Separate from your parent company ByteDance, which is beholden to the CCP (Chinese Communist Party), and remain operational in the United States, or side with the CCP and face the consequences. The choice is TikTok’s.”

Some Republican opponents believe that the decision whether to use the app should be up to consumers. Rep. Tom McClintock (R-Calif), said, “The answer to authoritarianism is not more authoritarianism. The answer to CCP-style propaganda is not CCP-style oppression. Let us slow down before we blunder down this very steep and slippery slope.” 

Similarly, Rep. Jim Himes (D-Conn.), the ranking Democratic member of the House Intelligence Committee, contended, “One of the key differences between us and those adversaries is the fact that they shut down newspapers, broadcast stations, and social media platforms. We do not. We trust our citizens to be worthy of their democracy. We do not trust our government to decide what information they may or may not see.”

In a video posted on TikTok on the day of the congressional vote, TikTok CEO Shou Zi Chew, a Singaporean, stated that the company is invested in keeping user data protected and making TikTok independent from outside influences. He contended that if this bill is signed into law, it will simply give other social media companies more power. 

Chew also said to TikTok users, “We will not stop fighting and advocating for you. We will continue to do all we can, including exercising our legal rights, to protect this amazing platform that we have built with you.”

Outcome

Bill angers TikTok users 

Approximately 30 TikTok influencers criticized the bill on Capitol Hill. They chanted and held signs reading “TikTok changed my life for the better” and “TikTok helped me grow my business.”

Dan Salinger, a TikTok creator from California, said he began creating content during the COVID-19 pandemic out of boredom and accumulated 2 million followers as a result. 

“I’m actually appalled for many reasons,” Salinger stated. “The speed with which they’re pushing this bill through does not give enough time for Americans to voice their concerns and opinions.”

Next steps 

The bill will now be considered by the Senate, where it remains unclear if it will pass. Sen. Majority Leader Chuck Schumer (D-N.Y.) stated that he planned to consult the relevant committee chairs to determine the path of the bill in the upper body. 

Some Senate Republicans and Democrats have expressed support for the bill. 

In a joint statement, Senate Intelligence Committee Chairman Mark Warner (D-Va.) and Sen. Marco Rubio (R-Fla.) said, “We are united in our concern about the national security threat posed by TikTok – a platform with enormous power to influence and divide Americans whose parent company ByteDance remains legally required to do the bidding of the Chinese Communist Party.” 

Biden to sign bill into law if Senate passes it 

On March 8, President Joe Biden said that if the Senate passed the bill, he would sign it.

The White House has provided technical support in the process of drafting the bill. The day before the House voted on it, national security officials held a closed-door briefing with lawmakers to discuss TikTok. 

As of March 28, 2024, there were no further developments.